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What happens if the trustee of an estate spends all of the money?

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Cryptoferoxia

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

My grandma died in Aug 2014. My mother was her trustee. Now my mom has died. According to the trust agreement my mothers brother is now the trustee of my grandmas estate. In her will, my grandmother left her estate to be divided 50/50 between my mother and her brother. Since my mom died that means her portion now goes to me since she wasn't married and I'm her only child- I've already confirmed this by having the will read by an attorney. My uncle is having my grandmas house appraised to be sold. He has already told me "Hell will freeze over before I give you ANYTHING from my moms estate" and then hung up the phone. I've already sent certified letters showing that according to the will, I am now entitled to 50% of the estate. He called me back and basically told me "I always hated your mom and I damn sure won't let you get any of MY money. It's all going to me when I sell the house!" and then hung up again. What can I do if he doesn't give me 50% of the proceeds from the sale of the house? According to my research I could sue him. Is that correct? What would happen if he spent all the money?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Oklahoma

My grandma died in Aug 2014. My mother was her trustee. Now my mom has died. According to the trust agreement my mothers brother is now the trustee of my grandmas estate. In her will, my grandmother left her estate to be divided 50/50 between my mother and her brother. Since my mom died that means her portion now goes to me since she wasn't married and I'm her only child- I've already confirmed this by having the will read by an attorney. My uncle is having my grandmas house appraised to be sold. He has already told me "Hell will freeze over before I give you ANYTHING from my moms estate" and then hung up the phone. I've already sent certified letters showing that according to the will, I am now entitled to 50% of the estate. He called me back and basically told me "I always hated your mom and I damn sure won't let you get any of MY money. It's all going to me when I sell the house!" and then hung up again. What can I do if he doesn't give me 50% of the proceeds from the sale of the house? According to my research I could sue him. Is that correct? What would happen if he spent all the money?
The terms of the trust are going to be important. You mention the terms of the will, but not the terms of the trust. Is the house held by the trust?
 

Cryptoferoxia

Junior Member
The terms of the trust are going to be important. You mention the terms of the will, but not the terms of the trust. Is the house held by the trust?
I've looked through the trust agreement and there is NOTHING in there that would allow him to take all the money for himself or keep it. It basically says upon the death of my grandmother any remaining funds are to be used to pay off any debts, which there are none. After that is says for any remaining funds to be distributed according to the will.
 

Zigner

Senior Member, Non-Attorney
I've looked through the trust agreement and there is NOTHING in there that would allow him to take all the money for himself or keep it. It basically says upon the death of my grandmother any remaining funds are to be used to pay off any debts, which there are none. After that is says for any remaining funds to be distributed according to the will.
That's not a trust.
 

justalayman

Senior Member
a trustee does not administer the estate. They administer a trust. Unless somebody set up a trust there is no trustee.

has anybody presented the will to probate for validation? Has anybody even opened up a case at the probate court so as to be able to administer your grandmother's and mother's estates (because your mother's share has to be administered along with the rest of her estate. IF there is money left after paying all her bills, then you get it).



if there is a file at the probate court for your grandmother's estate, get a copy of everything in it.
 

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